A recent dispute over standard essential patent (SEP) between Inter Digital, Inc. and its affiliates (collectively “IDC“) and Xiaomi Communication Technology Co., Ltd. and its affiliates (collectively “Xiaomi“) before the Wuhan Intermediate People’s Court (“WIPC China“) has drawn wide public attention. The concerned technologies involve SEPs related to 3G and 4G standards. It is a…
2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst of this global cacophony, recent decisions of the Paris High Court confirm that France is becoming a serious option for patentees to consider. Lockdown or…
In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in stone. History class already provided a different perspective: now friendly neighbours would once surprise each other with unannounced…
The strategic management of IP requires a new understanding of what IP is and what role it can play in a corporate context. Understanding IP as an internal resource to a firm rather than a negative right, allows a firm to exploit IP beyond its current usage. Genuine IP meets all the criteria of what…
On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/French can be found here: Explanatory Notes. The Swiss Institute of Intellectual Property (IPI) published additional information in English here and here. Stakeholders are invited to…
The appeal court confirmed the decision of the first instance court that CDVI’s European patent was invalid due to lack of inventive step. However, the decision raises questions in relation to what may be considered to be common general knowledge. Case date: 23 June 2020 Case number: 200.255.497/01 Court: Court of Appeal of The Hague A full…
The FCJ decided that submissions by the parties which are expressly intended for the court only and not for the opposing party may not be included in the court file. As a consequence, they may not be relied on by the court and may not be disclosed to the opposing party for the purposes of…
In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-born American political philosopher, wrote about seventy years ago in her first major work “The Origins of Totalitarism” The ideal subject of totalitarian rule is…
The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in…
On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a link to the judgment is found here. The Judge had heard the case back…
